The Supreme Court has allowed a decree-holder to seek an inquiry into mesne profits nearly 26 years after the original ruling, clarifying that such a request is a continuation of the initial suit and not subject to limitation.
In its decision, the Court explained that an application to prompt the court to conclude the mesne profits inquiry is not a new legal action, but rather a step in finalizing the original decree. The ruling emphasized that this process is an extension of the case and cannot be dismissed for delay.
The case dates back to 1973, when a trial court issued a decree regarding property recovery and ordered an inquiry into future mesne profits. Despite the passage of decades, the respondent filed an application in 2014 to resume this inquiry, prompting the appellant to argue that the request should be rejected due to the lengthy delay.
However, the Court disagreed, ruling that the application was not a fresh execution or suit, but simply a continuation of the previous judgment’s directions. The Court further noted that preliminary decrees related to mesne profits are not equivalent to final decrees and can be followed up on without any time constraints. The decision referenced a previous case to support the idea that initiating final decree proceedings is not bound by strict timelines.
Ultimately, the Court upheld the decisions of lower courts, reaffirming that the inquiry was part of the original case and could proceed, allowing the petitioners to participate in the ongoing process.